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Extradition announcement 'unprecedented'
Published: Sunday | May 30, 2010
Barbara Gayle, Senior Gleaner Writer
THE public announcement by Prime Minister Bruce Golding this month that a warrant was going to be signed for extradition proceedings to start against West Kingston strongman Christopher 'Dudus' Coke is being described in legal quarters as "unprecedented".
Coke, 41, is wanted in the United States of America to face charges of conspiracy to distribute cocaine and marijuana and illegal trafficking of firearms.
Attorney-at-law Bert Samuels, who was questioned on the issue of warrants in extradition matters, said, "From a law-enforcement point of view, the announcement of an arrest warrant can be viewed as a signal to the suspect to take flight, more so in extradition matters, where bail is rarely offered."
no bail
Samuels explained that a suspect being aware of the warrant for his arrest is likely to evade the warrant. "When a man knows he is facing a matter where bail is not likely to be granted, he will evade arrest on the warrant," Samuels emphasised.
Samuels said further that the authority to proceed and the warrant of arrest were always done in private and "as attorneys-at-law, we only become aware of the extradition proceedings after the suspect has been arrested".
Extradition for a fugitive or suspect starts with a request by the approved state, for example the USA, for the extradition of the person. The request is sent from the capital of the requesting state to its foreign mission (embassy or high commission) in Kingston. The embassy, on receipt of the request, forwards it under cover of diplomatic correspondence, usually by way of a diplomatic note to the Ministry of Foreign Affairs, which then transmits the request to the Ministry of Justice.
Under confidential cover, the minister of justice signs the authority to proceed with the extradition request and sends it to the Office of the Director of Public Prosecutions (DPP).
A representative from the Office of the DPP then goes to the Resident Magistrate's Court and in chambers applies to the resident magistrate for a provisional warrant of arrest for the suspect. The RM, on being satisfied that with the information presented there is a basis for the extradition request, issues the warrant. The DPP then hand-delivers signed and sealed copies of the information and the warrant to the Fugitive Apprehension Team of the police force so steps can be taken to arrest the suspect or fugitive who, on being apprehended, is first taken before the RM court.
Published: Sunday | May 30, 2010
Barbara Gayle, Senior Gleaner Writer
THE public announcement by Prime Minister Bruce Golding this month that a warrant was going to be signed for extradition proceedings to start against West Kingston strongman Christopher 'Dudus' Coke is being described in legal quarters as "unprecedented".
Coke, 41, is wanted in the United States of America to face charges of conspiracy to distribute cocaine and marijuana and illegal trafficking of firearms.
Attorney-at-law Bert Samuels, who was questioned on the issue of warrants in extradition matters, said, "From a law-enforcement point of view, the announcement of an arrest warrant can be viewed as a signal to the suspect to take flight, more so in extradition matters, where bail is rarely offered."
no bail
Samuels explained that a suspect being aware of the warrant for his arrest is likely to evade the warrant. "When a man knows he is facing a matter where bail is not likely to be granted, he will evade arrest on the warrant," Samuels emphasised.
Samuels said further that the authority to proceed and the warrant of arrest were always done in private and "as attorneys-at-law, we only become aware of the extradition proceedings after the suspect has been arrested".
Extradition for a fugitive or suspect starts with a request by the approved state, for example the USA, for the extradition of the person. The request is sent from the capital of the requesting state to its foreign mission (embassy or high commission) in Kingston. The embassy, on receipt of the request, forwards it under cover of diplomatic correspondence, usually by way of a diplomatic note to the Ministry of Foreign Affairs, which then transmits the request to the Ministry of Justice.
Under confidential cover, the minister of justice signs the authority to proceed with the extradition request and sends it to the Office of the Director of Public Prosecutions (DPP).
A representative from the Office of the DPP then goes to the Resident Magistrate's Court and in chambers applies to the resident magistrate for a provisional warrant of arrest for the suspect. The RM, on being satisfied that with the information presented there is a basis for the extradition request, issues the warrant. The DPP then hand-delivers signed and sealed copies of the information and the warrant to the Fugitive Apprehension Team of the police force so steps can be taken to arrest the suspect or fugitive who, on being apprehended, is first taken before the RM court.
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